9911796707
TMI Blog2000 (11) TMI 841X X X X Extracts X X X X X X X X Extracts X X X X ..... Credit availed by the Appellant on following issues:- (a) Credit on Kits which were not declared in the declarations filed under Rule 57G, as the same was considered vague description and it consisted of different components falling under various sub-headings. (b) Credit was denied on the ground that inputs were not counted for in RG-23 PT. I. (c) Documents as basis of which credit was availed were misplaced. (d) Credit of Rs. 1793979/- has been denied on the ground that inputs against which the credit has been availed was not declared under the provision of Rule 57G. 3. We have heard the learned Advocate for the Appellant and the DR and considered the submissions the material on record and find :- (a) C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hen there is no finding of the same being unreliable for any reason whatsoever. We accept the plea of the Appellant of a clerical error and would grant the credit entry, after due verification of Internal Material Control Records and proof of payment for the same, which should be verified by the Assistant Commissioner, for which purposes the order needs to be set aside and remanded back. (b) Documents on basis of which the credit has been taken are stated to be misplaced. We have considered the attention the learned DR draws to the finding, that the procedure prescribed for lost documents have not been followed, we have also considered the Appellants submission of the production of copies of the fact of loss having taken place, aft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same. The order, therefore needs to be set aside and remanded for re-determination. The misuse if any to be spelt out. (d) As regards the denial of credit of Rs. 17,93979/- we find that the findings of the Assistant Commissioner in o/o 195-201/AC NOIDA/III/G against issue No. 3 is; ...I am inclined to agree with the parties contention. Mere non declaration of inputs cannot be the oasis of denial of Modvat credit particularly when such inputs/components are otherwise declared by genuine headings. Therefore, I find the party has rightly availed the Modvat credit to the tune of Rs. 1228093.48 . We fail to understand when there were genuine declarations, which are being accepted, why credit of Rs. 1793979.29 has been denied on accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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